What is a UK Representative?

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Manufacturers that are not located within the EU and UK must nominate a UK Rep or an Authorised Rep (EC Rep). Exceptions do exist.

What is what is a UK Rep?

A UK Rep is a person or company designated by a manufacturer of a product to take on certain responsibilities in connection with the compliance with UK product laws. Based on the specific legislation applicable to the product such as the creation of UK Declarations of Conformity (DCC) for medical devices or serving as the initial point of contact with the MHRA. A Responsible Person is commonly referred to as an Authorised Rep.

UK Reps are required for companies from outside Europe who wish to sell their products on the UK market in conformity with EU directives or UK laws. If the fulfillment service provider or shipping company in the UK is designated as an Authorised Rep, it is also required to conform to EU directives and UK law regarding product safety and traceability.

With the Brexit, the EU GDPR is no longer applicable in the UK businesses that wish to establish operations in the UK must comply with the new privacy laws, referred to as the UK GDPR. The UK regulations are similar to the EU GDPR, but are modified so that they can be enforced by the Information Commissioner's Office.

According to the UK GDPR, it is a requirement for companies that are not part of the EU to establish representatives in the UK to be able to communicate effectively with the data protection authorities in the UK and with individuals. The representative can be an individual or a company that is established in the UK and capable of representing the company in regards to its obligations under the UK GDPR (e.g., a private firm, law firm or consultancy).

A UK Representative is a crucial role that requires someone with expertise in working with data protection authorities and handling requests from individuals. It is recommended that businesses new to compliance hire an UK Rep to help with the initial setup and ongoing support. This could include helping create processes, document templates, and even training for employees of the company.

How do I appoint the UK Rep?

If your company conducts business in the EU, you must have representatives (EU GDPR Article 3(2)). This requirement is applicable regardless of whether or not you have offices in Europe. If you have no offices in the EU yet do business in the EU you will need both an EU and UK representative unless you handle very limited personal information of EU citizens. This is the situation if you offer products or services to EU individuals or monitor their behaviour.

If you are a non-EU entity which provides goods or services to EU individuals or monitors their behavior you must appoint a representative in the UK (UK GDPR Article 27). This requirement applies regardless of whether your company is a data controller or a data processor. The UK representative should be able to represent your company in relation to your obligations under GDPR and act as an interface for individuals and the ICO.

The UK representative has to be a firm or UK Rep organization established in the EEA, and be able to represent your company regarding your obligations under the GDPR. Typically it is an independent law firm, but it could also be a consultancy or private company. You can make the contact information of your representative readily available to EEA data subjects by publishing or including them in privacy notices. This will allow data subjects from the EEA to reach out to the representative with their concerns about your business's handling of their personal data.

You must designate your representative in writing and you must state the conditions of your relationship with them. This is similar to a contract of service. The appointing entity remains accountable for the actions of their representative, which is essential to consider in the light of the recent Rondon decision 2021 EWHC 1427.

There are a few exceptions to the need to appoint a UK Representative, but these are very limited and seldom apply. Public bodies and authorities, as well as companies whose processing is occasional and at low risk are exempt from this requirement. Even if an exemption is granted, it is important to carefully consider whether the GDPR's requirements are still met.

What are the obligations of Reps from the UK? UK Rep?

A UK Rep is an individual or an organisation that serves as the point of contact for local data protection inquiries from individuals, or the ICO. A UK Rep can be an employee or an independent contractor. They can also be an entity that is based in the UK like a law firm or consultancy.

Article 27 of the GDPR defines the responsibilities of the UK Rep. This requires that all businesses outside the EU or that provide products and services to or monitor the behavior of individuals in the UK, appoint a representative to act as a contact point for the ICO.

A UK rep is basically the same as an EU authorised representative (EUAR) except that it is applicable to the United Kingdom only. EUARs are responsible for monitoring compliance and providing information to MHRA.

A UKRP has more responsibilities with regards to the UK's newly-introduced Medical Device Regulation. For example, a UKRP is responsible for registering devices with MHRA and acting as a liaison between the manufacturer and MHRA. Additionally, the UKRP is accountable for the organisation's compliance with the MDR.

A union rep, also known as a steward is legally entitled to represent their members in the workplace and perform other workplace duties. They are usually elected by the members who are concerned and are elected by ballot or at a meeting. The appointment is typically made known to the employer by the union.

Travel agents hire holiday reps to work in their resorts overseas and in the UK during summer. Representatives are trained in the UK before being sent out to their resorts. Experience of working and travelling overseas is often desirable for these roles. Representatives are supervised by the company they work for, and are subject to appraisals of their performance. They may also be paid a commission for bookings they make. The exact amount of commission may differ but it is typically a percentage of the profits made by the tour company. It is crucial to make sure that the representative communicates the commission clearly to their customers. This should be stated in the job description.

Where can I find a UK Rep to represent me?

UK Data Protection law obliges companies based outside of the UK and offer products or services to or monitor the actions of, individuals who reside in the UK or monitor the behaviour of individuals in the UK, designate a UK representative. The representative is the primary contact between data subjects as well as the ICO (Information Commissioner's Office). The appointment of your UK Representative has to be in writing and clearly state the terms of your relationship with them. The GDPR doesn't alter your liability or responsibility as a result of having a Representative.

The requirement for a UK Representative is required for all non-EU manufacturers selling into the GB market, with the exception of Northern Ireland (which still requires an EU Authorised Representative). Any company can assume the role of UK avon rep in my area, as long as they can demonstrate that they can meet the requirements of relevant product legislation and providing a reliable point-of-contact between the manufacturer and national market surveillance authorities or Notified Bodies. This includes, but isn't restricted to:

In the case of medical devices, the authorized representative is usually a recognized Certification Company. In the case of other products, it could be the distributor or sales agent.

You must make the details of your chosen UK Representative accessible to the data subjects (individuals) who have personal information you process and make them easy to locate. You can do this by putting the information in your privacy notice or by publishing them on your site. You don't have to inform the ICO of your chosen representative but their details should be readily available to them.

It is best to appoint an established and reputable organization such as ProductIP as your UK Authorised Rep. We have many years of experience dealing with both European and UK product laws, offering become an avon rep extensive service to manufacturers who want to comply with their obligations under both the EU and GB regulations. Our team of experts is here to help you select a UK Rep, and provide the representation that market supervision authorities and consumers demand.